Solutions 100% Complete
how many employees must a company have in order for the employees to be protected under
Title VII and/or ADA? 15 or more
what is a Bona Fide Occupational Qualification (BFOQ)/what was the example used in class?
Hooters got an exemption from Title VII saying that they are allowed to/must use gender
discrimination in order to protect their brand
what is Title VII/who is it filed against? a federal statute from the Civil Rights Act of
1964, (JFK proposed it but Johnson put it into law), protects employees from discrimination, it is
a civil action against the employer, not the employee doing the harassing (based on respondeant
superior)
who to file a Title VII complaint with/how long do you have? Equal employment
opportunity commission (EEOC), you have to file within 180 days of the last discriminatory act
what happens after filing a Title VII complaint? EEOC investigates and decides whether
to file suit, if they decide not to they give you a "right to sue" letter, if they do nothing for 180
days of reporting, then you can demand a right to sue letter
, Gsu Busa 2106 Binder Exam 3 With
Solutions 100% Complete
Harris case/what is it an example of? Harris was a woman working as a manager for an
equipment rental company, the president often insulted her, in front of other employees, made
sexual innuedos. she complained to him & he stopped but continued shortly after. she filed a
complaint and won
quid pro quo "this for that", type of sexual harassment discrimination
hostile work enviornment/two qualifications that must be met/what case is an example of this
type of sexual harassment discrimination. must be severe AND pervasive. Waldo case is
an example, was sexually harrassed by male coworkers when working for an energy company,
was awarded compensatory and punitive damages
what happens if an employer retaliates against someone who files an EEOC claim and/or those
who help that person out? even if the original claim had no merit, the person now has a
claim
do employers have a duty to stop non-employees (ex: restaurant customers) from harassing
employees? yes
, Gsu Busa 2106 Binder Exam 3 With
Solutions 100% Complete
how must employers accommodate those with disabilities according to the American with
Disabilities Act/what are some disabilities excluded from the act? reasonable
accommodation, they do not have to accommodate if it causes "undue hardship" (same w
religious discrimination). exclusions include compulsive gambling, kleptomania, pyromania
what damages can be recovered by a person who wins a claim based off Title VII/ADA?
reinstatement/back pay, two years from the date of trial/damages ("front pay"), attorneys
fees, punitive damages
who does the age discrimination statute apply to/how many employees must an employer have to
apply? applies to individuals aged 40+. employer must have 20 or more employees in
order for the statute to apply
what is the Family Medical Leave Act (FMLA)/how many employees must an employer have for
it to apply/how long must you have worked there for it to apply to you? guarantees 12
weeks unpaid time off, you are not guaranteed your exact job back, but guaranteed an equivalent.
applies to employers with 50 or more employees within a 75 mile radius, and you must have
worked for the employer for 1 yr or 1250 hours for it to apply to you.